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Petitioner: JAVED NAWAB VS Respondent: CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA
1998 P L C (C
1998 P L C (C. S.) 929
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan and Sh. Ijaz Nisar, JJ
JAVED NAWAB
versus
CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN QUETTA and 9 others
Civil Petition for Leave to Appeal No. 101 of 19?'7, decided on 1st April, 1998.
(On appeal from the judgment/order, dated 8-10-1996, passed by the High Court of Balochistan, Quetta, in Constitutional Petition No. 215 of 1996).
Balochistan Civil Servants Act (IX of 1974)---
----S. 9---Constitution of Pakistan (1973), Art. 185(3)---Promotion-- Entitlement---Civil servant's grievance was that despite recommendations made by Competent Authority for his promotion, he had not been considered for the same on one pretext or the other and that whenever any vacancy occurred the same was filled in on current, or acting charge basis or by transfer from other Departments---Contention raised by civil servant was supported by impugned judgment of High Court---Petition for leave to appeal was converted into appeal and same was allowed with direction to Authorities that civil servant must be considered for promotion against specified post and until his case was finalised on merits, no other incumbent would be promoted to post in question, either temporarily or on current charge basis, acting charge basis or by transfer, promotion etc.
Pakistan Railways through G.M.. Lahore and another v. Zafarullah, Assistant Electrical Engineer and others 1997 SCMR 1730 rel.
Habib-ul-Wahab-ul-Khairi, Advocate Supreme Court and Ch Akhtar Ali, Advocate-on-Record for Petitioner.
Malik Sikandar Khan, Advocate-General, Balochistan for Respondents.
Date of hearing: 1st April, 1998.
JUDGMENT
IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment, dated 8-10-1996, passed by the learned Division Bench of the High Court of Balochistan, Quetta, in Constitutional Petition No.215 of ,1996.
2. The brief facts are that the petitioner is an Assistant Engineer in Civil Works Directorate Education Department under the control of respondent No. 2. His grievance is that despite recommendations made by the competent Authority for his promotion against any non-engineering professional post he has not been considered for the same on one pretext or the other. On the contrary, whenever a vacancy existed the same was filled in on current, or acting charge basis or by transfer from other department.
3. The contention raised by the petitioner finds support from paragraph 8 of the impugned judgment which reads as under:--
As mentioned earlier the case of petitioner was recommended for promotion against any non-engineering professional post, but he could not be considered due to want of vacancy and would certainly be considered subject to availability of such post and as per decision of this Court made in abovementioned Constitutional petition."
Reference may also be made to Pakistan Railways through G.M., Lahore and another v. Zafarullah, Assistant Electrical Engineer and others (1997 SCMR 1730), wherein it was observed that:--
.
We would like to observe that appointments en current or acting charge basis are contemplated under the instructions as well as the Rules for a short duration on a stop-gap arrangement in cases where the posts are to be filled by initial appointments. Therefore, continuance of such appointees for a number of years on current or acting charge- basis is negation of the spirit of the instructions and the Rules. It is, therefore, desirable that where appointment on current or acting charge basis are necessary in the public interest, such appointments should not continue indefinitely and every effort should be made to fill posts through regular appointments in shortest possible time. A copy of the judgment be sent to Establishment Division for future guidance."
4. In view of the above, we convert this petition into appeal, allow the same and direct respondents Nos. 1 to 5 that the petitioner shall be considered for promotion against any non-engineering professional post and until his case is finalised on merits, no other incumbent shall be promoted to the post of Executive Engineer, either temporarily or on current charge basis acting charge basis or by transfer, promotion etc.
A.A./J-10/S Appeal accepted.